Citation

Williams S. Links Cent. Am. Health Rights Netw. 1999; ePub(ePub): 1-2.

Copyright

(Copyright © 1999, Central America Health Rights Network)

DOI

unavailable

PMID

12295030

Abstract

This article exposes progress made in the International Criminal Court (ICC) Tribunal in punishing those who commit rape, genocide, and sexual violence. The case against an ex-mayor in Rwanda was a first in international courts. The Court defined rape under international law as "a physical invasion of a sexual nature, committed on a person under circumstances which are coercive." Threats and intimidation are also considered physical force. The case against Jean-Paul Akayesu originally did not include a charge of rape. The rape charge was added after pressure from the only female ICC judge and other women's activists. It took a long time for the ICC to recognize sexual crimes against women as punishable acts in war. Progress in human rights began after World War II with the adoption of international human rights conventions. The ICC was not established with jurisdiction over genocide, war crimes, crimes against humanity, or aggression until 1994. Specific crimes were not stipulated or prosecuted until the crimes occurred in Bosnia and Rwanda. Now, war crimes include rape, sexual slavery, enforced prostitution, forced pregnancy, and enforced sterilization. Other forms of sexual violence in Geneva conventions include torture or willfully causing great suffering. Statutes now provide for victim and witness protection which is sensitive to women. ICC officials must reflect equal gender representation. Judges must have legal expertise on violence against women and children.

Language: en